'60A (1) Section 176 of the 1990 Act (duty to provide advance information about programmes) shall be amended as follows.

(2) In subsection (3)(b) for "the Secretary of State by order" there shall be substituted "OFCOM, following consultation with publishers and persons providing programming services."

(3) In subsection (4), for "An order under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament" there shall be substituted "OFCOM shall produce a Code of Practice in the provision of advance information about programmes to publishers, to ensure the interests of consumers continue to be protected.".'.

'(4) For paragraph 1(2) and (3) of Part 2, there shall be substituted

"(2)

Sub-paragraph (1) shall apply in relation to any Broadcasting Act licence other than a licence to provide a Channel 3 service and a Channel 5 licence as if paragraphs (a) and (b) (and the reference to those paragraphs in paragraph (i)) were omitted.".'.

'(1A) A service for which no subscription is required for its reception by members of the public, or which does not have to be otherwise requested, is also to be taken for the purposes of this Part to be available for reception by members of the public, subject to subsection (2).'.

Clause 348, page 301, line 11, leave out from 'person' to end of line 14 and insert 'who is in a position to determine which programmes (with or without relevant ancillary services) are to be included in the service (whether or not he has control over the broadcasting or distribution of the service).

(2A) Subsection (2) should also apply to the person, and the only person, who is in a position to determine which programme service or services are listed or promoted in an electronic programme guide.'.

'(2A) It shall be the duty of OFCOM annually to commission and publish independent research into the efficacy, cost effectiveness and public acceptability of TV licensing in the United Kingdom subject to such conditions and restrictions as the Secretary of State may by direction require.'.

'(1A) It shall be the duty of the BBC annually to commission and publish independent research into the efficacy, cost effectiveness and public acceptability of TV licensing in the United Kingdom subject to such conditions and restrictions as the Secretary of State may by direction require.'.

'(10) Paragraph 3(2) and (3) of Schedule 14 of the Communications Act 2003 shall apply in relation to subsection (9) as they apply in relation to paragraph 3(1) of that Schedule but with the substitution for the references to OFCOM of references to the Secretary of State.'.